paul, minnesota, a case pending before the supreme court, would have given the court a chance to take a shot at the desperate impact and whether or not it's constitutional, and there's some evidence that justice got involved and persuaded the city to withdrawal the case. i think chuck grassley wants to ask about that, and i hope the senate delves in. dagen: could be an exciting confirmation process for a labor secretary. >> deservedly so. dagen: than seen in the past. what else should they ask about perez's background? >> well, it's -- i think he's emblematic of and administration thatments to use the rule of law selectively to help some people instead of others and use statistics selectively. for example, the same statistics that show blacks receive loans at lower rates than whites, show whites receive them lower than asians. no one accuses banks of antiwhite or show black banks deny blacks home loans at higher rates, and so you can't -- if you want to use statistics, you can't use them selectively, and there is a propensity to this administration to go down that road. the hope the s